Abstract

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After Work

Employment discrimination scholarship tends to assume that the harms of employment discrimination are not borne beyond the walls of the workplace. This is a mistake. In this paper, I argue that employment discrimination harms employees' families. The centerpiece of my argument is a novel framework for conceptualizing the family harms of employment discrimination, which I call exporting. Exporting refers to the ways in which employees take their work out of the workplace and into their private lives (and vice versa). By approaching the work/family relationship from the perspective of exporting, I am able to develop an account of how employees take the effects of discrimination home with them after work. In addition, I show that existing employment discrimination doctrine - in particular the remedial provisions of Title VII - can and should capture family harms.